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Dr. Shafi’s FR petition dismissed by Supreme Court

17 May 2023 - {{hitsCtrl.values.hits}}      

By Lakmal Sooriyagoda   

A Fundamental Rights petition filed by Dr. Shafi Shihabdeen, who was at the centre of the controversy surrounding the alleged sterilisation of female patients, was yesterday dismissed by the Supreme Court.

The Supreme Court three-judge-bench comprising Justices Vijith Malalgoda, Yasantha Kodagoda and Arjuna Obeysekera refused to grant leave to proceed with the petition when the matter was taken up for support.  
Attorney Rushdie Habeeb filing this petition on behalf of Dr. Shafi Shihabdeen had named Inspector Pushpalal, Officer-in-Charge of Crime Division, Kurunegala Police Station, the Officer-in- Charge, Kurunegala Police Station, CID Director, IGP Chandana Wickremaratne, the Defence Ministry Secretary and the Attorney General as respondents.  


The Petitioner challenged the arrest and detention of Dr. Shafi Shihabdeen under the Prevention of Terrorism (Temporary Provisions) Act No: 48 of 1979.  


The Petitioner stated that the Respondents have acted maliciously, arbitrarily and illegally in arresting and detaining Dr. Shihabdeen. 


The Petitioner further said that Dr. Shihabdeen’s arrest, detention and continued detention are “illegal, unreasonable, disproportionate and an abuse of power”.  
Faisz Musthapha PC, with counsel Hafeel Farisz appeared for the petitioners.